Hi All, I have 2 questions on employee termination. 1. If the employee is terminated but has deliberately taken patient information with them and starts using or harrassing them, what should the provider or the CE supposed to do. Should they :-
(a) call the law enforcement or (b) should they just issue a warning to the ex-employee (c) inform the affected patients etc. 2. Is it advisable to get a sign-off from such an employee before they leave stating that they would not use the information after termination? thanks, Anurag Sinha HIPAA Privacy Project Manager Youngsoft, Inc. (www.youngsoft.com) Main : (248)675-1200 Fax : (248)668-8238 This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and are hereby notified that any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. -----Original Message----- From: Ribelin, Donald [mailto:[EMAIL PROTECTED]] Sent: Monday, January 20, 2003 2:44 PM To: WEDI SNIP Privacy Workgroup List Subject: RE: When to have the patient sign an authorization § 164.508 Uses and disclosures for which an authorization is required... ...(c) Implementation specifications: Core elements and requirements. (1) Core elements. A valid authorization under this section must contain at least the following elements: (i) A description of the information to be used or disclosed that identifies the information in a specific and meaningful fashion. (ii) The name or other specific identification of the person(s), or class of persons, authorized to make the requested use or disclosure. (iii) The name or other specific identification of the person(s), or class of persons, to whom the covered entity may make the requested use or disclosure. (iv) A description of each purpose of the requested use or disclosure. The statement "at the request of the individual" is a sufficient description of the purpose when an individual initiates the authorization and does not, or elects not to, provide a statement of the purpose. (v) An expiration date or an expiration event that relates to the individual or the purpose of the use or disclosure. The statement "end of the research study," "none," or similar language is sufficient if the authorization is for a use or disclosure of protected health information for research, including for the creation and maintenance of a research database or research repository. (vi) Signature of the individual and date. If the authorization is signed by a personal representative of the individual, a description of such representative's authority to act for the individual must also be provided. Donald L. Ribelin HIPAA Project Manager Firsthealth of the Carolinas (910) 215-2668 [EMAIL PROTECTED] -----Original Message----- From: Rachel Foerster [mailto:[EMAIL PROTECTED]] Sent: Monday, January 20, 2003 2:34 PM To: WEDI SNIP Privacy Workgroup List Subject: RE: When to have the patient sign an authorization I believe that HIPAA requires any authorization to expire either on a specific date or at a specific event. An event expiration could in fact, be upon the individual's demise. Unfortunately I don't have a specific cite from the rag on this. Rachel Foerster Principal Rachel Foerster & Associates, Ltd. Professionals in Health Care EDI 39432 North Avenue Beach Park, IL 60099 Voice: 847-872-8070 Fax: 847-872-6860 eMail: [EMAIL PROTECTED] http://www.rfa-edi.com -----Original Message----- From: Darrell Rishel [mailto:[EMAIL PROTECTED]] Sent: Monday, January 20, 2003 1:25 PM To: WEDI SNIP Privacy Workgroup List Subject: RE: When to have the patient sign an authorization I do not believe that HIPAA mandates that an authorization can only be valid for 60 days. Such a limitation might be a part of state law, or an organization's own standard. I think that if you can foresee the need for the disclosure when the patient is admitted, then you can have it signed at that time. If the need does not become apparent until later, then you have the patient sign it then. In either case, of course, the authorization has to meet all off the other HIPAA (and other applicable) requirements. Darrell Rishel, J.D. Director of Information Services Arapahoe House, Inc. This message is not legal advice or a binding signature. -----Original Message----- From: Klayer Geni [mailto:[EMAIL PROTECTED]] Sent: Monday, January 20, 2003 11:59 AM To: WEDI SNIP Privacy Workgroup List Subject: RE: When to have the patient sign an authorization As the need arises. The authorization is only valid for 60 days. -----Original Message----- From: [EMAIL PROTECTED] [SMTP:[EMAIL PROTECTED]] Sent: Monday, January 20, 2003 1:20 PM To: WEDI SNIP Privacy Workgroup List Subject: When to have the patient sign an authorization How are providers in particular handling the singing of authorizations? Are practices having patients sign it when they first come in, for future disclosures, or as the specific situations arise (i.e., they later decide their atty. should see the medical records and sign an applicable authorization). Thanks as always for your input. Jill Rubin, Esq. (617)388-2404 [EMAIL PROTECTED] --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. 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They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- The WEDI SNIP listserv to which you are subscribed is not moderated. 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